Bill Text: NJ A2595 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides that certain paratransit vehicles that weigh less than 30,000 pounds are not autobuses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-02-21 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A2595 Detail]
Download: New_Jersey-2012-A2595-Introduced.html
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Provides that certain paratransit vehicles that weigh less than 30,000 pounds are not autobuses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special paratransit vehicles and amending R.S.48:4-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.48:4-1 is amended to read as follows:
48:4-1. The term "autobus" as used in this chapter means and includes, except as hereinafter noted, any motor vehicle or motorbus operated over public highways or public places in this State for the transportation of passengers for hire in intrastate business, whether used in regular route, casino, charter or special bus operations, notwithstanding such motor vehicle or motorbus may be used in interstate commerce.
The term "ridesharing" as used in this chapter means the transportation of persons in a motor vehicle, with a maximum carrying capacity of not more than 15 passengers, including the driver, where such transportation is incidental to the purpose of the driver. The term shall include such ridesharing arrangements known as carpools and vanpools.
Nothing contained herein shall be construed to include:
a. Vehicles engaged in the transportation of passengers for hire in the manner and form commonly called taxicab service unless such service becomes or is held out to be regular service between stated termini;
b. Hotel buses used exclusively for the transportation of hotel patrons to or from local railroad or other common carrier stations including local airports;
c. Buses operated for the transportation of enrolled children and adults only when serving as chaperones to or from a school, school connected activity, day camp, summer day camp, nursery school, child care center, pre-school center or other similar places of education, including "School Vehicle Type I" and "School Vehicle Type II" as defined in R.S.39:1-1;
d. Any autobus with a carrying capacity of not more than 13 passengers operated under municipal consent upon a route established wholly within the limits of a single municipality or with a carrying capacity of not more than 20 passengers operated under municipal consent upon a route established wholly within the limits of not more than four contiguous municipalities within any county of the fifth or sixth class, which route in either case does not in whole or in part parallel upon the same street the line of any street railway or traction railway or any other autobus route;
e. Autocabs, limousines or livery services as defined in R.S.48:16-13, unless such service becomes or is held out to be regular service between stated termini;
f. Any vehicle used in a "ridesharing" arrangement, as defined by the "New Jersey Ridesharing Act of 1981", P.L.1981, c.413 (C.27:26-1 et al.);
g. Any special paratransit vehicle as defined in this chapter.
The word "person" as used in this chapter means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees, or receivers appointed by any court.
The word "street" as used in this chapter means and includes any street, avenue, park, parkway, highway, road or other public place.
The term "special paratransit vehicle" as used in this chapter means any motor vehicle with a gross vehicle weight rating of less than 30,000 pounds which is used [exclusively] regularly, but not necessarily exclusively, for the transportation of persons who are at least 60 years of age or who have disabilities or who are the clients of social service agencies, provided, that the motor vehicle is used in a service provided by a county either directly or by contract, or provided by a nonprofit organization, and the service is included by a county as part of its county plan required by section 6 of P.L.1983, c.578 (C.27:25-30), regardless of whether a fare is charged or donations are accepted.
The term "regular route bus operation" as used in this chapter means and includes the operation of an autobus between fixed termini, on a regular schedule and with provision for convenient one-way transportation in either direction, and shall also include all existing regular route operations to or from any casino licensed under the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), unless that operation to or from casinos has been determined by the Commissioner of Transportation to be other than a regular route operation.
The term "regular route in the nature of special bus operation" or "casino bus operation" as used in this chapter means and includes the operation of an autobus to or from any casino licensed under the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), unless that operation has been determined by the Commissioner of Transportation to be a regular route bus operation.
The term "charter bus operation" as used in this chapter means and includes the operation of an autobus or autobuses, not on a regular schedule, by the person owning or leasing such bus or buses pursuant to a contract, agreement or arrangement to furnish an autobus or autobuses and a driver or drivers thereof to a person, group of persons or organization (corporate or otherwise) for a trip designated by such person, group of persons or organization for a fixed charge per trip, per autobus, per period of time or per mile.
The term "special bus operation" as used in this chapter means and includes the operation by the owner or lessee of an autobus or autobuses for the purpose of carrying passengers for hire, not on a regular schedule, each passenger paying a fixed charge for his carriage, on a special trip arranged and designated by such owner or lessee, which fixed charge may or may not include special premiums.
The term "special premiums" as used in this chapter means the provision of meals, gifts, lodging, entertainment, sightseeing services or other similar inducements in connection with the purchase or issuing of a ticket. No casino bonuses shall be included in this definition.
(cf: P.L.1992, c.192, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would amend the definition of "special paratransit vehicle" to include any vehicle with a gross vehicle weight rating of less than 30,000 pounds which is used regularly, but not necessarily exclusively, for the transportation of persons who are at least 60 years of age, have disabilities, or are clients of social service agencies.
Under current law, motor vehicles used exclusively to serve these populations are considered special paratransit vehicles and are thus exempt from regulation as "autobuses."
Current requirements that the motor vehicle be used in a service provided by a county or a nonprofit organization and be included as part of its county transportation plan would not change under the bill's provisions. The provider would be able to charge a fare or accept donations for transportation services on vehicles meeting the revised definition.
County transportation systems have broadened their services since 1992 when the special paratransit vehicle exemption was first created. For example, counties have been the recipients of funds under the federal Job Access and Reverse Commute Program (JARC) which are to be used to assist low-income persons with transportation to and from work and childcare providers. In some cases, an individual who qualifies for transportation services under JARC does not meet the current exemption criteria. Vehicles which transport people who do not meet the current special paratransit vehicle exemption criteria are considered autobuses for the purposes of Department of Transportation (DOT) regulation and are required to undergo retrofitting to meet DOT specifications. It is estimated that these retrofits cost approximately $10,000 per vehicle.
